End User License Agreement ( EULA)
Hereafter the “Agreement” and “the License” accordingly
3. This License Agreement (the "Agreement") is an agreement between Fountain Gaming (" Site Managers") and you and/or the entity you represent (the "Client"). Client and Site Managers are Parties to this Agreement and each of them a Party.
4. This Agreement takes effect when you click an "I Accept" button or, if earlier, when you access or use any of the System (the " Effective Date"). You represent to us that you are lawfully able to enter into this Agreement and/on behalf of the Client.
6. Free use: The service you chose to use is free; however, some of the functionalities and options will not be available to you in this version. Site managers reserve the right to change the terms of the license without prior notice and without the need to request your approval for these changes. The Site managers shall not be responsible in any manner for the way in which these changes will take affect on you.
7. Disclaimer of Warranties : SITE MANAGERS PROVIDE THE USE OF THE SYSTEM ON "AS IS" BASIS AND IT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, TO THE CONDITION, VALUE OR QUALITY OF THE SYSTEM, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, ABSENCE OF VIRUSES OR ANY DEFECT THEREIN, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
SITE MANAGERS FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE SYSTEM WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.
8. Warranties and Representations by the Client : The Client warrants, represents and covenants to Site Managers that it shall only use the System in a lawful manner and shall not, under any condition, intentionally use the System in violation of applicable law or regulations or any third party rights worldwide (including intellectual property rights), or for governmental uses.
In addition, the Client warrants, represents and covenant to Site Managers Not use the license to the System granted herein to: (i) distribute cracking, warez, ROM, virus, adware, worms, trojan horses, malware, spyware or any other similar malicious activities and products or any other computer code, files or programs designed to interrupt, hijack, destroy, limit or adversely affect the functionality of any computer software, hardware, network or telecommunications equipment; (ii) cause any network resource to be unavailable to its intended users , including, without limitation, via "Denial-of-Service (DoS)" or "Distributed Denial-of-Service (DDoS)" attack; (iii) distribute any unlawful content or encourage any unlawful activity; or (iv) cause any damage or service disruption to any third party computers or service.
9. Indemnification and Limitation of Liability : The Client shall indemnify and hold harmless Site Managers and each of Site Managers' shareholders, directors, officers, employees agents and/or representatives against any loss, liability, damages or claims resulting from Client's breach of its undertakings, warranties and representations hereunder and Client's use of the System.
Site managers do not take any responsibility and will not be liable for any damage to PC, data stored on PC or any other damage including third party damages inflicted on user by use of service.
In no event other than stated above will either of the Parties be liable under this Agreement for any consequential, special, indirect or punitive damages or for any loss, profits or revenue (whether in contract, tort, negligence or any other legal theory) in any way relating to this Agreement (“ Event”), even if the other Party had been informed in advance of the possibility of such damages. The Parties’ aggregated liability under this Agreement for any claim or damage or series of such is limited to the amount of fees actually received by Site Managers from Client under this Agreement during the one month period to the Event.
10. Temporary Suspension : Site Managers in its sole discretion and at any time, may suspend Client right to access or use the System immediately upon notice to Client if Site Managers determine that:
12. Term and Termination : This Agreement begins on the Effective Date and will continue as long as Customer is connected and using the service, under the terms of this Agreement.
Upon termination, any outstanding Consideration amounts shall immediately become due and payable, the license granted herein shall be terminated and the Client shall immediately stop using the System.
13. Miscellaneous : This Agreement constitutes the entire understanding between the Parties with respect to the matters referred to herein. No modification or other amendment to this Agreement shall be valid unless reduced to writing and signed by both parties.
If any provision of this Agreement will be held by a court of competent jurisdiction to be contrary to any law, the remaining provisions will remain in full force and effect as if said provision never existed.
No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof.
14. Compliance with Laws and Regulations: Parties shall meet the requirements, law and regulations relevant to export control, security clearance, safeguarding and transfer of information and data.
15. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of Israel.
16. Settlement of Disputes
In the event of a dispute, controversy or claim (hereinafter referred to as “Dispute”), arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, the Parties shall use their best endeavours immediately to resolve the Dispute amicably.
If, within a period of one (1) month, the Parties fail to resolve amicably the Dispute, then such Dispute shall be brought to the courts of law in the city of Haifa, Israel, which shall have exclusive jurisdiction.